The legal heirs of your father are his widow i.e second wife and children from first and second marriage, each one of whom, has succeeded equally to his property as he died intestate. The 2005 amendment relates to only ancestral property, and is thus not applicable to your case. The right of daughters is at par with that of sons in the self acquired property of parents. Any one of the heirs can file a suit for partition to cull out his/her share in the property.
Property rights
My father got married in 1973. My mother passed away in year 1992. That time we were 2 sisters elder to me (current age 41 and 34) and myself ( current age - 32). My father remarried in 1995. My father and second mother also had one issue - son who is of current age 19. Unfortunately my father also passed away in the year 2002. Now there is a property which is under dispute - between second wife + 3 siblings (2 females and one male) from 1st mother and one issue from second wife. (total : 5). What are the rights on property ?. Is the act of 2005 related to right of daughters on property having a bearing on the same. The property being discussed is a house made on a piece of land purchased by my grandfather in the name of my father. My father had also not written any will before he passed away.
Asked 8 years ago in Property Law
Religion: Hindu
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4 Answers
1) it is not ancestral property
2) on your father demise you have one fifth share in the property
3) the judgment of SC is not applicable in your case as it relates only to ancestral property
This property on your father's name shall be his own and absolute property, so upon his intestate death the property devolves on all his legal heirs/successors equally.
You and your both sisters from first marriage along with your step mother and her child are equally entitled to a legitimate share in the property and each one shall be entitled to 1/5th share in the property.
The amendment of 2005 or the supreme court ruling has nothing to do with it.
If there is a dispute and nobody agrees for an amicable partition or family settlement, you can file a partition suit seeking partition and separate possession of your legitimate share in the property.
As per your query the property not comes under ancestral property. The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.
In this property all the person, (You,your two sister,brother and second wife of your father )had 1/5th share equally after the demise of your father.
